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HomeMy WebLinkAboutBrookhurst and Adams, LLC - 2010-06-21This Document was electronically recorded by City of Huntington Beach Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder RECORDING REQUESTED BY ) 1111111�11111101111111111119�III111111111111111111111111111111111 NO FEE AND WHEN RECORDED RETURN TO 61 406 Al2 7 2010000435925 12:11 pm 09/03/10 0)00 0 00 0 00 0 00 18 00 0 00 0 00 0 00 City Clerk ) City of Huntington Beach ) 2000 Main Street Huntington Beach, CA 92648 [Space above this line for Recorder's use ] This document is exempt from recording fees pursuant to Government Code Section 6103 SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged, Brookhurst and Adams, LLC, a California Limited Liability Company, (hereinafter "GRANTOR"), hereby grants and conveys to the City of Huntington Beach, a municipal corporation of the State of California (hereinafter "CITY") a perpetual non-exclusive easement and right of way to install, maintain, repair, improve and relocate a pipeline or pipelines, with incidental ordinary and necessary appurtenances and connection(s), in, on and under said real property for its entire length and full width as described on Exhibit A and Exhibit B (attached hereto and incorporated by this reference), and made a part hereof, and to construct structures for the transmission and delivery of water, or reclaimed water, including but not limited to, manholes, measuring devices, air valves, blow -offs, stations, standpipes, fire hydrants, and service connection structures appurtenant to said line or lines, which structures may extend above the surface of the ground, together with the right to enter and traverse upon other land of GRANTOR in order to obtain access to and along said strip of land and to deposit tools, implements and material thereon by CITY, its officers, agents and employees or by persons under contract to CITY, whenever and wherever necessary for the purpose of laying, constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging, replacing and using said water transmission and delivery line or lines agree/city wide/special utility easement 1 GRANTOR retains the right to use the surface of the non-exclusive right to use the subsurface areas of the easement and right of way in such manner as GRANTOR shall deem proper GRANTOR may request CITY to change or relocate CITY's water mains or any equipment incidental thereto, at GRANTOR's expense In the performance of any of the work which CITY is authorized to perform in the area of such easement and right of way, CITY shall avoid, to the extent reasonably possible, any damage or interference with other installations in the areas of such easement or right of way GRANTOR shall not alter the grade, surface or overhead conditions without prior written approval from CITY There shall be no less than 20 feet of clear vertical space immediately above the surface areas of the easement measured from finished ground level, nor shall any trees be located within, or overhead into the easement ground area. The CITY agrees to confer with GRANTOR thereof in order that CITY activity will result in a minimum of inconvenience or hardship CITY accepts the easement and right of way granted hereby with the knowledge that GRANTOR intends to improve the surface of the easement herein granted and use the same for motor vehicle travel, pedestrian access, landscaping and related purposes In making any installation or in the performance of any work, CITY shall adequately protect its installations against such use In making any use of this easement, CITY shall (a) Make adequate provision for the safety and convenience of all persons using such areas or other improvements or facilities in such areas, (b) Replace and restore the areas and surface improvements to the condition in which they were prior to the performance of such work, except for any enhanced pavement treatments other than asphalt concrete, any landscaping, and any landscape irrigation facilities which shall be the responsibility of GRANTOR, (c) Have no obligation for maintenance, repair or replacement of enhanced pavement treatments, landscaping or irrigation facilities, and (d) Hold GRANTOR and other users of the easement harmless against all claims, liabilities or expenses, including costs and attorneys' fees, ansing from CITY's use of such area agree/city wide/special utility easement 2 In its use of the easement and right of way herein granted, CITY shall not permit any claim, lien or other encumbrance arising from such use to accrue against or attach to said easement and right of way or the interest of GRANTOR in the land in, on and under which said easement is granted IN WITNESS WHEREOF, this Special Utility Easement has been executed by GRANTOR herein this day of�� GRANTOR Brookburst and Adams, LLC, a California Limit d Liab ity Com any / B 1 (print name) ITS (circle one) Ghatrma- yvc�l�p 4/A 1- ni' Cater 4 viiL'�i'"S.TTJCccarC�vvxC'CAry Co -Managing Partners By U` (print name) 1 ITS (circle one) G w.ffft-a :,'t':c�.d„.t,�� Pf esi4ent4Assastant Secretary Co -Managing P-PdF r s 2010 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Director of Publ c Works ATTEST City Clerk TO RESOLUTION NO APPROVED AS TO FORM ?—U (6 / I V/ -1 d 'o City Attorney REVIE ND APPROVED City Administrator agree/city wide/special utility easement EXHIBIT "A" LEGAL DESCRIPTION WATER LINE EASEMENT BEING A PORTION OF PARCEL 2, AS SHOWN ON MAP FILET) IN BOOK 5, PAGE 42 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 2 SOUTH 01011'10" EAST A DISTANCE OF 29.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 01011'10" EAST A DISTANCE OF 15.00 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 88048'50" WEST A DISTANCE OF 35.50 FEET TO THE EASTERLY LINE OF A WATER LINE EASEMENT RECORDED AUGUST 17, 2006 AS INSTRUMENT NUMBER 2006000551130 IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA, THENCE ALONG THE EASTERLY LINE OF SAID WATER LINE EASEMENT NORTH 01011'10" WEST A DISTANCE OF 15.00 FEET; THENCE LEAVING THE EASTERLY LINE OF SAID WATER LINE EASEMENT NORTH 88048'50 EAST A DISTANCE OF 35.50 FEET TO THE TRUE POINT OF BEGINNING. EASEMENT AREA = 532.50 SQ. FT. (0.012 ACRES) MORE OR LESS SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD, IF ANY. 1LANo LEGAL DESCRIPTION PREPARED BY:� KRIS R. '` �l_i(INC,AK °� o, LS6240 KRIS R. WINCHAK, L.S. NO. 6240 DATE C ' SHEET 1 OF l ,rru» V � ��\„ \ EXHIBIT "B" AS DESCRIBED ON THE ATTACHED EXHIBIT "A" AND BY THIS REFERENCE MADE A PART HEREOF N88'54'51 "E 406 00' N88'54'51 "E 151 64' 60' 1 SCALE 1" = 40' POB NE'LY CORNER PARCEL 2 \ (� N88'48'50"E 116 14' 29 36' N88'48'50 "E _ 35 50' 1 PARCEL 9 Q _ _______________ - r ____s oo- T P O B z P M. 5142 0 10 00' 15 00 15 00' 10 00'--�� I—S88'48'50"W 35 50' m PARCEL 2 0 P. M. 5142 WLn 00 m � EXISTING WATER LINE � O EASEMENT RECORDED m 8117106 INST ______ - I — No 2006000551130 €i U OFFICIAL RECORDS IL _ 10 00,I s t1 is €( e LEGEND. 4 � ® PROPOSED WATERLINE EASEMENT DEDICATION _a EXISTING WATER LINE EASEMENT P O B POINT OF BEGINNING T PO B TRUE POINT OF BEGINNING � 0 LAND 8 _ PROPERTY LINE �� KRRISRR WINCHAK No. LS6240 ADAMS AVENUE BASIS OFF BEARINGS:� Ex`� BASED ON THE CENTERLINE OF BROOKHURST t STREET AS BEING N01 ' 19'35 "W PER MAP FILED C C A' t" ' IN BOOK 5, PAGE 42 OF PARCEL MAPS, ORANGE COUNTY RECORDS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On June 21, 2010 before me, Date Dana A. Davis, Notary Public Here Insert Name and Title of the Officer personally appeared Lester C. Smull and Bruce A. Cowgill Name(s) of Signer(s) CIVIL CODE § 1189 who proved to me on the basis of satisfactory evidence to be the perso s whose namqo-i subscribed to the within instrument and acknowledged to me that U`9 executed the same in fa+slgar eir authorized capacit ies and that by ei signaturee) on the instrument the person or the entity upon behalf of which the person acted, executed the instrument DANA A DA✓iS _ Commission # 1700175 1 certify under PENALTY OF PERJURY under the Notary Public - Coiitornic , orcinge County laws of the State of California that the foregoing IQAAyComm Expires Nov 19 201Q paragraph is true and correct WITNESS my hand and official seal Sig atu Place Notary Seal Above p� Signa Public OPTIONVAL Though the information below is not required by law, It ma rove valuable to persons relying on the document and could prevent fraudulent removal and reattac ment of this form to another document Description of Attached Document Title or Type of Document Special Utility Easement Agreement Document Date June 21, 2010 Number of Pages 5 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Lester C. Smull ❑ Corporate Officer — Title(s) ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator CX Other LLC Partner Signer Is Representing Brockhurst & Adams LLC Signer's Name Bruce A. Cowgill ❑ Corporate Officer — Title(s) ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator KI Other LLC Partner Signer Is Representing Brookhurst & Adams LLC © 2010 National Notary Association • NationalNotary org • 1-800-US NOTARY (1-800 876-6827) Item #5907 ACKNOWLEDGMENT State of California ss County of Orange On August 30, 2010 before me, P L Esparza, Notary Public for the State of California, personally appeared Joan L Flynn and Travis Hopkins who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal (Notary Signatur 'J P L ESPARZA Commission # 185857021 Notary Public - California z Orange County My Comm Ex Tres At . 2013